Tribunal decisions

The decision

IAC-fH-nl-V1

Upper Tribunal
(Immigration and Asylum Chamber) Appeal Number: ia/05587/2015

THE IMMIGRATION ACTS

Heard at Field House
Decision & Reasons Promulgated
On 6 March 2017
On 31 March 2017

Before

DEPUTY UPPER TRIBUNAL JUDGE CHAPMAN

Between

MBB
(ANONYMITY DIRECTION made)
Appellant
and

THE SECRETARY OF STATE FOR THE HOME DEPARTMENT
Respondent

Representation:
For the Appellant: Mr S Tampuri, Legal Representative, instructed by Tamsons Legal Services
For the Respondent: Ms J Isherwood, Home Office Presenting Officer

DECISION AND REASONS
1. The matter came before me for a CMRH today following a previous resumed hearing on 8 December 2016 which was adjourned in order for a request to be made by the Upper Tribunal under the Protocol on Communications between Judges of the Family Court and the Tribunals (IAC) for disclosure of the Family Court Order and any related documents in this case.
2. As a consequence of the Protocol being exercised, the Family Court in Chelmsford provided the Upper Tribunal with a comprehensive set of the papers that were before Her Honour, Judge Murfitt at the final hearing in relation to the application for contact made by the Appellant. That hearing took place in May 2016. The judgment was issued on 10 June 2016. In a very detailed and careful judgment HHJ Murfitt concluded that she should make no order for contact between the Appellant and his two children by his former partner stating at [34]:
“I have reached the firm conclusion that after five years of litigation these girls require a rest from the stress that this brings to their lives”
and at [35]:
“I express the hope that with the demise of these proceedings there may yet emerge some rapprochement between these parents, and that a pathway may be built in future via which these girls may find a less stressful way back into enjoying a relationship with their father was well as with their mother.”
3. The Appellant sought permission to appeal to the Court of Appeal against this decision, but permission to appeal was refused by Mr Justice Moore in February 2017. That being the case, Mr Tampuri on behalf of the Appellant accepted that the Appellant was unable to succeed under the Immigration Rules given the narrow scope of the hearing before me. I heard additional short submissions from him as to the Appellant’s current circumstances which have changed somewhat since the date of Judge Murfitt’s judgment. However there was no evidence before me upon which I could come to any different conclusion given that the position to date is that contact between the Appellant and his two children by his former partner has not yet been established. I also heard submissions from Ms Isherwood on behalf of the Home Office.
Notice of Decision
4. In light of the judgment of HHJ Murfitt making no order for contact between the Appellant and his two daughters by his previous relationship I have no alternative but to dismiss the appeal on the basis that the Appellant does not fulfil the requirements of Appendix FM of the Immigration Rules, E-LTRPT 2.4. The fact that the Appellant’s appeal in respect of the current proceedings has been dismissed does not, of course, prevent him from making any future application on the basis that he does manage to resume contact between the two daughters by his previous relationship and/or on the basis that his current partner has given birth to a second child.
5. The appeal is dismissed.
6. An anonymity direction is made given that the case involves the children of the Appellant.

Direction Regarding Anonymity – Rule 14 of the Tribunal Procedure (Upper Tribunal) Rules 2008

Unless and until a Tribunal or court directs otherwise, the Appellant is granted anonymity. No report of these proceedings shall directly or indirectly identify him or any member of their family. This direction applies both to the Appellant and to the Respondent. Failure to comply with this direction could lead to contempt of court proceedings.

Signed Rebecca Chapman Date: 30 March 2017

Deputy Upper Tribunal Judge Chapman